DETAILED ACTION
Claim Rejections - 35 USC § 112
1. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claim 21 recites the limitation "electrosurgical" in line 1. There is insufficient antecedent basis for this limitation in the claim.
3. Claim 22 recites the limitation "input device" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claims 15-17, 20-25 and 28 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Tarn et al, U.S. Patent Application Publication No. 2016/0284198 (hereinafter Tarn).
Regarding claim 15, Tarn discloses a medical device (from Figure 1, see 100), comprising:
an acoustic signal output device (from Figure 1, see 101);
a control unit (from Figure 1, see 107) configured to cause the acoustic signal output device to output signals; and
a sensor (from Figure 1, see 105);
wherein
the control unit is configured to receive signals from the sensor and to adjust the output volume at which the acoustic signal output device outputs acoustic signals based at least in part on the sensor signal (from paragraph 0047, see Further, if the audio data received from the microphone 105 indicate that the alert may not be effectively heard by an individual in proximity, the processing module 107 can cause the speaker 101 to adjust the alert accordingly such that the audible alert will not be masked by the measured noise).
Regarding claim 16, Tarn discloses the sensor is a sensor for sensing ambient acoustic noise (from paragraph 0036, see a microphone for measuring ambient noise).
Regarding claim 17, Tarn discloses the control unit is configured to increase the signal output volume with rising ambient noise level, and/or to reduce the signal output volume with sinking ambient noise level (from paragraph 0037, see One technique that a dialysis machine can use is the adjustment of its output volume. In some examples, if the processing module determines that ambient noise is downing out the dialysis machine's audible alerts, the volume of the audible alerts can be automatically increased. Similarly, if the processing module determines that there is very little ambient noise, the volume of the audible alerts can be automatically decreased).
Regarding claim 20, Tarn discloses the control unit is configured to adjust the signal output volume of the acoustic signal output device based at least in part on the sensor signal received over a predetermined or predeterminable period of time (from paragraph 0067, see Before sounding the power failure alarm signal, the processing module 107 may receive audio data from the microphone 105).
Regarding claim 21, Tarn discloses wherein the electrosurgical generator comprises an input device (from paragraph 0047, see the processing module 107 is configured to receive data that is input via the touch screen 118 and the control panel 120 and control the hemodialysis machine 102 based on the received data. For example, the processing module 107 can adjust the operating parameters of the hemodialysis machine 102), and the control unit being configured to adjust the signal output volume at which the acoustic signal output device outputs acoustic signals also based at least in part on data input via the input device.
Regarding claim 22, Tarn discloses the input device comprises one or more of a button, a switch, a knob, a rotary switch, a slider or a graphical user interface (from paragraph 0046, see The touch screen 118 and the control panel 120 allow the operator to input various different treatment parameters).
Regarding claim 23, Tarn discloses a method for adjusting the acoustic signal output volume of a medical device (from Figure 1, see 100), the medical device comprising an acoustic signal output device (from Figure 1, see 101); a control unit (from Figure 1, see 107) configured to cause the acoustic signal output device to output acoustic signals; and a sensor (from Figure 1, see 105), the method comprising the steps of:
receiving signals from the sensor (from paragraph 0047, see audio data received from the microphone 105), and
adjusting by the control unit the signal output volume at which the acoustic signal output device outputs acoustic signals based at least in part on the sensor signal (from paragraph 0047, the processing module 107 can cause the speaker 101 to adjust the alert accordingly such that the audible alert will not be masked by the measured noise).
Claim 24 is rejected for the same reasons as claim 16.
Claim 25 is rejected for the same reasons as claim 17.
Claim 28 is rejected for the same reasons as claim 20.
Claim Rejections - 35 USC § 103
6. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
7. Claims 18, 19, 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Tarn in view of Smith, U.S. Patent Application Publication No. 2021/0085991 (hereinafter Smith).
Regarding claim 18, although Tarn discloses the control unit is configured to analyze a characteristic of the sensor signal and to adjust the signal output volume of the acoustic signal output device based at least in part on the analysis of the characteristic (from abstract, see processing module configured for receiving, from the microphone, information related to measured noise. The processing module is also configured for determining, based on the information related to measured noise, an audible alert that will not be masked by the measured noise when the audible alert is produced by the alert module. The processing module is also configured for providing, to the alert module, instructions for producing the audible alert), Tarn does not explicitly teach the characteristic is the spectrum. All the same, Smith discloses the characteristic is the spectrum (from paragraph 0020, see Combining a measurement of the ambient sound environment and a psycho-acoustically driven knowledge base of the spectrum). Therefore, it would have been obvious to one of ordinary skill in the art to modify Tarn wherein the characteristic is the spectrum as taught by Smith. This modification would have improved the system’s reliability by providing audible cues that must compete with drastically different ambient sounds as suggested by Smith.
Regarding claim 19, Tarn as modified by Smith disclose the control unit is configured to adjust the signal output volume of the acoustic signal output device based on a spectral distance between the signal to be output (from Figure 6, see Audible Cue) and a local spectral maximum of the ambient noise (from Figure 7, see Masking Signal).
Claim 26 is rejected for the same reasons as claim 18.
Claim 27 is rejected for the same reasons as claim 19.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
December 11, 2025
/OLISA ANWAH/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692